Preliminary building request for land without a development plan / justification

  • Erstellt am 2017-07-11 15:17:47

erstes_haus

2017-07-11 15:17:47
  • #1
Hello everyone,

I have found a plot of land that consists of two parcels (1 and 2 see attachment).
There is a development plan (§ 30/1) for parcel 1. For parcel 2 there is none (§30/3).
However, construction would only be possible on parcel 2, as it is relatively remote from the road and the rear area can also be used better. Additionally, a small path (currently a field path) is to be upgraded (asphalted) and used as garage/apartment access (dashed path).

A call to the relevant building authority did not raise great hopes for success.
It was requested to justify the project and attach it as an annex to the building preliminary inquiry.

Now I am wondering what reasons would be understandable for the building authority as to why the house could stand in the rear area (2).

Current reasons:
1. Noise disturbance from the new path would be lower
2. The rear part could be used more effectively

Do you have any suggestions/experiences as to what reasons would be accepted/tolerated in this case?

Many thanks in advance

(Square = House, Rectangle = Garage)
 

wpic

2017-07-11 15:59:43
  • #2
The situation can only be assessed in detail if the entire development plan including the plan legend and text section is available. For the interpretation of the development plan and a planning law assessment regarding your construction project, it is best to commission an architect who can also contact the building authorities and, if necessary, submit a building inquiry.

Private individuals without precise knowledge of building and planning law, who just want to "ask a question," are often not taken seriously and are brushed off by the building department’s caseworkers. The architect can argue for you "on equal footing." Then the situation usually looks different.
 

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